RCD Protection in Scottish Rental Properties Explained

The Housing (Scotland) Act 2006 has been a cornerstone of housing legislation in Scotland, setting out the rights and responsibilities of both landlords and tenants. As of 1st March 2024, new amendments to this Act have come into effect, introducing additional requirements for landlords, particularly in relation to Residual Current Device (RCD) protection.

Understanding RCD Protection

An RCD is a device that reduces the risk of electrocution and fire by breaking the circuit in the event of a fault.

RCD (Residual Current Device) protection is a safety mechanism that monitors the current flowing in live and neutral wires in an electrical circuit. If it detects an imbalance, which could indicate a leakage current, it quickly trips and cuts off the power to the circuit.

This protects against electric shocks and reduces the risk of electrical fires by preventing hazardous situations.

The Repairing Standard, as outlined in the Housing (Scotland) Act 2006, has been updated to incorporate new measures effective from 1st March 2024. Among these changes, the new requirement for RCD protection stands out as a crucial element for electrical safety.

D.55 In order to comply with the Repairing Standard, there must be one or more Residual Current Device (RCD) with rated residual operating current not exceeding 30 mA in the main or principal consumer unit.

– The Scottish Government

The changes aim to modernise electrical installations in rental properties and bring them up to current safety standards. Landlords must comply with these updated requirements, and failure to do so may lead to penalties or enforcement actions. Overall, the new standards focus on improving tenant safety.

Landlords are required to ensure that their electrical installations are compliant with the new Repairing Standard guidance. This includes the provision of at least one RCD in the consumer unit of the rental property. Landlords should also advise tenants to check that the RCD works by pressing the integral test button at specified times.

It’s important to note that pre-existing satisfactory Electrical Installation Condition Report (EICR) certificates do not cover the new requirement for RCD Protection. This means that even if landlords own a satisfactory EICR certificate, they are still required to ensure that RCD protection is present in their rental properties.

Electrical safety inspections must be carried out by a qualified electrician at least once every five years. If a deficiency is identified in an EICR, landlords may need to take action. The electrical contractor responsible for the periodic inspection and testing should be able to provide appropriate advice on how best to comply.

To learn more about Landlord EICRs, read our article: What is an EICR Certificate for Landlords in Scotland

What if My Property Doesn’t Have RCD Protection?

After arranging for an electrician to check your property’s electrical system, you may find out from them that there is no RCD protection installed.

This leaves your tenants at greater risk of electric shock or electrical fires. In addition, you might encounter legal penalties for not meeting the updated Repairing Standard. To avoid these complications, you’ll need to quickly arrange for the installation of RCD protection.

Taking action to comply with the new requirements will ensure your tenants’ safety and help maintain your reputation as a responsible landlord.

If a landlord fails to comply with the Repairing Standard, which includes the new requirement for RCD Protection, they will have committed an offence. This offence could result in a summary conviction and a fine.

The First Tier Tribunal Housing and Property Chamber is responsible for establishing whether the landlord has failed to comply with the Repairing Standard Enforcement Order. The tribunal can also issue a rent relief order reducing the rent payable under the tenancy until the Repairing Standard Enforcement Order has been complied with.

These penalties underline the importance of landlords ensuring their properties meet the new requirements for RCD protection under the Housing (Scotland) Act 2006.

The introduction of these new requirements under the Housing (Scotland) Act 2006 marks a pivotal advancement in safety standards for private rented properties. By ensuring RCD protection is in place, landlords contribute to the safety and wellbeing of their tenants, creating a secure living environment and reducing the risk of electrical accidents.

Compliance with these updated regulations is not only mandatory but also essential for maintaining good relationships with tenants and avoiding penalties. In taking proactive measures to meet these standards, landlords play a key role in upholding the integrity of Scotland’s rental housing market.